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Questions Answered by Peter J. Weinman
1 Answer | Asked in Landlord - Tenant for New York on
Q: Can a landlord deduct from deposit Uber cost to Home Depot to buy materials to fix damage tenant caused.

Tenant damaged many things in apartment and landlord had to purchase the items and had to take an Uber to and from Home Depot. Can landlord deduct this cost from security deposit?

Peter J. Weinman
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answered on Jul 29, 2024

If the damages were sufficient to justify a deduction from the tenant's security deposit, I do not see a round-trip uber trip as unreasonable -- any more than if the landlord ordered the items to be delivered and had to pay a delivery fee.

1 Answer | Asked in Consumer Law for New York on
Q: I was approved for a loan. The company received money directly. I never received the procedure and I canceled In time

But still being held responsible for loan payments. Can I fight this ?

Peter J. Weinman
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answered on Jul 29, 2024

You mention a procedure, so presumably, the loan company paid a doctor. Did you forget to tell the loan company you canceled the procedure with the doctor's office? Either way, you said you canceled "in time," so, if the doctor accepted the payment - even though you were not... View More

1 Answer | Asked in Consumer Law for New Jersey on
Q: What recourse do i have in regards to a return. Ordered a lawn tractor on line from manufacturer. item defective.

Ordered a lawn tractor on line from manufacturer, + paid shipping fee. Item arrived 2 weeks later after many delays with trucking co., after un crating found defect, oil leaking. Manufacturer will not answer phone. Have tried for mult days and have been put on hold for hours at a time. 1 week has... View More

Peter J. Weinman
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answered on Apr 19, 2024

Unfortunately, there's no great answer here. The cost to involve a lawyer will exceed the $500 you were hoping to save (and it won't make things happen any faster), and either way, you'd have no basis to sue anyone just because you need the money from the return before you can buy... View More

1 Answer | Asked in Real Estate Law for New York on
Q: lien against my house will it expire after 10 years if the lien is renewed, will it carry the fee from the prior lien ?

The lien in in Nassau county NY

Peter J. Weinman
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answered on Feb 2, 2024

A lien against your house in New York is good for ten years and can be renewed for another 10 years. The amount of the lien remains the same once renewed but the statutory interest of 9% annually continues to accrue, and the lienholder will be entitled to interest through the date of payment.

2 Answers | Asked in Real Estate Law for New York on
Q: My ex boyfriend and I are co-owners of a house. The new agreement says I have sole & exclusive residency of the property

Do I have to let him in the house when he shows up?

Peter J. Weinman
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answered on Feb 2, 2024

One owner cannot oust/evict another and so if he's on the deed - absent a written agreement to the contrary - he has a right to access. Your "new agreement" might be such an agreement, but we'd need more information in order to answer your question. Assuming the new agreement... View More

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2 Answers | Asked in Contracts, Consumer Law, Gov & Administrative Law and Municipal Law for New York on
Q: Can a car leasing company refuse to give you necessary paperwork required to pick up car from impound?

My vehicle was booted and subsequently towed due to parking tickets. When I tried to retrieve the vehicle I was also made aware that I owed tolls and I had a two day insurance lapse. I paid the tolls. The DMV said I could go get a plate letter so that the tow yard could sacrifice the plates for two... View More

Peter J. Weinman
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answered on Apr 19, 2024

It sounds legal because your lapse in insurance coverage alone is probably sufficient cause for them to repossess the car, even if you're current on the payments.

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2 Answers | Asked in Contracts and Real Estate Law for New York on
Q: How do I get the seller to see there’s no post possession in our contract? I think his lawyer is giving him bad advice.

We closed last Friday, and bc the money came to him today he thinks he has 7 days from today because his lawyer keeps repeating it. Can he bar us entry? Can we demand keys? Make him leave sooner? Looking for options

Peter J. Weinman
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answered on Mar 5, 2024

Did you really leave a closing without keys/possession and without a formal post-closing possession agreement?

What money did he receive today? I hope you're not talking about an escrow to ensure his performance.

I know you think HIS lawyer is giving him bad advice, but what does YOUR lawyer say?

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1 Answer | Asked in Real Estate Law for Oklahoma on
Q: yes i have an ex girlfriend that refuses to move out of my home here in oklahoma I am the only one on the title as owner

She has animals that are tearing my home up and is doing damage to certain things

Peter J. Weinman
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answered on Sep 7, 2023

Retain a local attorney to commence an eviction; that's the only way to get rid of a guest who refuses to leave.

If you need to locate an attorney, start your search here: www.Justia.com/Lawyers

3 Answers | Asked in Real Estate Law for New Jersey on
Q: A new owner for a gas station behind me has surveyed the land and has declared that my shed and cement pad are on his

This was the house I grew up in and have taken it over from my deceased father. The fence has been in place for more than 30 years. There are only woods behind me. The station owner has stated he will push back the fence, cut the cement pad and run a fence directly against the back of the shed.... View More

Peter J. Weinman
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answered on Sep 7, 2023

Attorney Greb was mostly correct, but as a NY attorney, I'd suggest that the required time period for a claim of adverse possession is at least 10 (not 20) years. A survey is absolutely necessary, and you should not rely on theirs. You should consult with an attorney in person and not here... View More

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4 Answers | Asked in Real Estate Law and Legal Malpractice for New York on
Q: Real Estate Closing, NY Is it legal for my lawyer to hire a lawyer to represent me at closing, without my permission?

I was charged for the outside lawyer to represent me at the closing.

Peter J. Weinman
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answered on Sep 20, 2023

As the others have already said, it's legal and ethical, provided you were not charged "extra" for the other attorney to appear. In other words, as long as your attorney paid the substitute from the quoted fee. Your question is not clear on whether you paid "extra."

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2 Answers | Asked in Real Estate Law for New Jersey on
Q: Payment agreement for community/lake maintenance 'allegedly' present on original deed ~1950s no longer present.

Limitations on deed agreements no present on current deed. No present HOA or similar contract. No inclusion of payment agreement on current issued deed.

Peter J. Weinman
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answered on Jul 21, 2023

Why "allegedly?" Are you the grantee on the "current" deed? As attorney Greb has pointed out, obligations/restrictions like this are said to "run with the land" and continue to burden successors in interest. The only way this could come as a surprise is if you were... View More

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2 Answers | Asked in Divorce, Real Estate Law and Family Law for New York on
Q: How do I add my mother to the deed of my home? I want to buyout my ex-husband's interest in the home & need her on there

I'm going through a divorce and am buying out my husband's interest in the home. My mom will be my co-borrower. The Bank states that I need to add my mother to the deed first before I am able to apply for a home equity loan. What documents do I need to in order to add her to the deed? I... View More

Peter J. Weinman
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answered on Aug 17, 2023

Why does the bank need your mother to become an owner of your house so that she can co-sign your loan? There can be tax (costs and ramifications) and liability issues when adding someone to the title of your home, and this should not be done lightly - and certainly not at the request of someone at... View More

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2 Answers | Asked in Landlord - Tenant for New York on
Q: How is this legal ?? I went to court for eviction with a legal aid the pension is agree to amend petition to include

Present rent which is June the judge gave me till the 14 of July to pay the back owed $ on June 6 my landlord went to city marshals to get me out in 14 days my aid sent me a copy of court paper by mail with another paper saying to pay June rent on time really ?????

Never agreed to that... View More

Peter J. Weinman
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answered on Jun 24, 2023

Adding to attorney Colatosti's answer, I want to suggest that your legal aid attorney is really the only person who can answer any questions about the agreement you entered into. Those legal aid attorneys are generally quite good at navigating optimum agreements for tenants and I would trust... View More

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1 Answer | Asked in Real Estate Law on
Q: MY HOA IS CHARGING FOR COPIES OF CCR'S, HOA DECLARATIONS,RULES AND REGULATIONS ETC. IS THIS LEGAL?

THE GUTTERS WERE OVER FLOWING ONTO MY BALCONY AND INTO MY CEILING. NOW, THE CEILING AND WALLS MUST BE TORN OUT AND THERE IS ASBESTOS SO IT IS A BIG DEAL. HOA SAYS DESPITE THE GUTTERS IT IS MY RESPONSIBILITY BECAUSE BALCONY LEAKED. I CANNOT BELIEVE THIS? The balcony did not leak prior

Peter J. Weinman
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answered on Jun 23, 2023

I am confused by your question and the subject line. Let us know if I have pieced this together correctly:

1. There's a dispute over who's responsible for the ceiling (and asbestos).

2. You want to check the rules but you cannot locate your copy of the governing...
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2 Answers | Asked in Sexual Harassment for New York on
Q: Lets say a Husband touches his wife sexually without concent and she tells him to stop and he stops. Is that a crime?

Is touching your wife sexually without asking a crime even if you stop when she says so

Peter J. Weinman
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answered on Jun 23, 2023

Yes, a spouse can be guilty of sexual assault of their spouse in New York. Just because he stops when asked, that doesn't necessarily mean a crime was not committed.

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2 Answers | Asked in Real Estate Law for Texas on
Q: Do I have cause to sue a previous homeowner for not disclosing termites?

I bought a house last year. I had a home and termite inspection. The inspection showed no activity or prior activity of termites. The Seller's disclosure said no prior treatment, no previous termites, and no current activity of termites. In May, I saw dead termites in my house. I had a termite... View More

Peter J. Weinman
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answered on Jun 23, 2023

It sounds like you have more of a claim against both your inspectors who each failed to notice the bait stations around the house and the sticker in the electric box. However, even if you have a claim against either inspector, it will likely be limited to the cost of the inspection (which is what... View More

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1 Answer | Asked in Civil Litigation, Real Estate Law and Contracts for Georgia on
Q: Is whether a business carries insurance public knowledge? Could I look this information up online?

I am looking for information on a home inspector / LLC owner.

Peter J. Weinman
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answered on May 25, 2023

A home inspector's insurance is not public information. Although you did not say why you're asking, if it's because you want to sue an inspector for failing to spot a problem (the typical reason), you should look to your agreement with the inspector and you'll probably notice... View More

1 Answer | Asked in Real Estate Law on
Q: When I initially signed my lease for my apartment in Edmonton Alberta there was nothing on it indicating a no pet rule

My lease has a section regarding pets that was crossed out in pen, but never adjusted to say no pets or anything about pets being against the lease. I would not have signed the lease if it had been upfront about a no pet policy and I feel like I signed it under manipulative circumstances

Peter J. Weinman
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answered on May 23, 2023

You did not ask a question but I assume you want to know if you can break your lease. We need more info and I am not licensed in your jurisdiction but my opinion is "probably no." How long ago did you sign and move in? Did you have a pet when you moved in or did you just (or are you... View More

1 Answer | Asked in Real Estate Law for North Carolina on
Q: If the HOA has placed fines and penalties for $2100 and offer no payment plan is it in my best interest to get an atty?

They are threatening to continue with lien process if not paid and offer no payment plan.

Peter J. Weinman
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answered on May 23, 2023

Unless your HOA rules so provide, the HOA is not obligated to offer a payment plan. How many months you are in arrears? (For example, is it 21 months at $100 per month, or 3 months at $700 per month, etc.)? I ask because if your payments are $100 per month, for the sake of argument, and you have... View More

Q: Sister has filed ejectment against me I have a court date Friday may 26 is there anybody who could help represent me ?

The estate is still in my late father's name I have lived in my house for 12 years thinking I was going to be able to buy house . my sister is executor and would never sign off on house so I go could buy it . Now she wants me out of there I have court on Friday may 26 th I live in Washington... View More

Peter J. Weinman
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answered on May 23, 2023

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